Coroners and Justice Act 2009 (c. 25)

Valid from 12/01/2010

Part 2 E+W+N.I. Criminal offences

Valid from 01/02/2010

Chapter 1 E+W+N.I. Murder, infanticide and suicide

Valid from 04/10/2010

Partial defence to murder: diminished responsibility E+W

Valid from 01/06/2011

53 Persons suffering from diminished responsibility (Northern Ireland) E+W

(1) Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.

(2) For subsection (1) substitute—

“(1) A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—

(a) arose from a recognised mental condition,

(b) substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and

(c) provides an explanation for D's acts and omissions in doing or being a party to the killing.

(1A) Those things are—

(a) to understand the nature of D's conduct;

(b) to form a rational judgment;

(c) to exercise self-control.

(1B) For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.

(1C) Where, but for this section, D would be liable, whether as principal or as accessory, to be convicted of murder, D is liable instead to be convicted of manslaughter.”

(3) In subsection (2), for “subsection (1)” substitute “ subsection (1C) ”.

(4) In subsections (4) and (5), for “mental abnormality” substitute “ abnormality of mental functioning ”.